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Garden Leave legislation- can anyone help?



Commander

Arrogant Prat
NSC Patron
Apr 28, 2004
14,227
London
Morning

I work for a recruitment company and am about to give notice to my current employer as I have an offer to go to a competitor which I am going to accept. I am assuming they are going to put me on 'garden leave' for a month, where I will not be allowed in the office but also not able to work for my new company until my month's notice period is up. My question is, do they still have to pay me full commission for the business I have already brought in whilst I was here? Commission is paid a month in arrears. I know on garden leave you are on full pay, but what about commission?

Cadiz Seagull, if you read this don't mention it on email.

Cheers
 






Commander

Arrogant Prat
NSC Patron
Apr 28, 2004
14,227
London


Go To The Acas Site, Loads Of Stuff On There On Rights, Obligations And Emloyees Legislation.
 


Kaiser_Soze

Who is Kaiser Soze??
Apr 14, 2008
1,355
I work in IT sales and commission is paid a month in arrears also. Im not 100% sure of the policy for commision for leavers but I know it is set out in my contract. First port of call would be to read your contract and see if there is anything in there about it and then perhaps take the contract to ACAS or CAB for them to look over if anything needs clarifying.
 




Kaiser_Soze

Who is Kaiser Soze??
Apr 14, 2008
1,355
And from a solicitor friend of mine........"any commission earned and, as a result, owed in line with your contract would have to be paid. During the garden leave period no commission is earned (and therefore none owed) but that doesn’t change the fact that the month before you validly earned commission and that is due."
 


Commander

Arrogant Prat
NSC Patron
Apr 28, 2004
14,227
London
And from a solicitor friend of mine........"any commission earned and, as a result, owed in line with your contract would have to be paid. During the garden leave period no commission is earned (and therefore none owed) but that doesn’t change the fact that the month before you validly earned commission and that is due."

Good. That's what I wanted to hear. That is definite, yeah?
 


Kaiser_Soze

Who is Kaiser Soze??
Apr 14, 2008
1,355
It is for information purposes only-if things do get messy my friend suggested you seek legal advice through official channels so it can all be documented properly.
 




Commander

Arrogant Prat
NSC Patron
Apr 28, 2004
14,227
London
It is for information purposes only-if things do get messy my friend suggested you seek legal advice through official channels so it can all be documented properly.

Thanks
 


Kaiser_Soze

Who is Kaiser Soze??
Apr 14, 2008
1,355
not a problem mate-best of luck with the new job!
 


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